The Supplementary Investigation System In Our Country

The supplementary investigation is not a necessary process for all the cases. In the criminal procedure, the investigating authority delivers the cases to the prosecuting authority for reviewing prosecution. If the facts of the case are considered unclear or the evidence is insufficient, the case can be given back to investigating authority for further recon or the procuratorial authority itself can go on to investigation. In the stage of reviewing prosecution,the procuratorial authority can also propose the case to be put off and get some supplementary evidence, when it depends mainly on the procuratorial authority and when necessary, all the department can cooperate to further recon. The modified "Criminal Procedure Law" added the limitation of twice on the base of that the recon should be finished in one month which is required in the original version, in that way supplementary investigation gets standardized. However, there are still some disadvantages in the judicial practice in China. This paper describes the improving conceiving as well as the shortcomings.There are three parts in this paper except the preface and the conclusion, about 28,000 words.The first part just gives a brief introduction to the supplementary investigation in China, in which the author mainly illustrates two topics. One is the concept of Additional Reconnaissance, by which the author thinks it should be restricted to be an activity of investigation instead of lawsuit which can represent the property of supplementary investigation better. Simultaneously, the author thinks the cases that lack evidence should receive Additional Reconnaissance. If there are the cases whose accusation is mistaken or neglected, the charges should be amended. The other one is the types of investigation. The author introduces mainly the types of Supplementary Investigation terms of the law which are supplementary investigation in the stage of Reviewing arrest, reviewing prosecution and trial. The author supposes the supplementary Investigation should be got rid of in the stage of reviewing arrest, and that the idea that there is still supplementary investigation is wrong. As long as the procuratorial authority considers the cases delivered by the...